politic

Day: August 20, 2018

A battery is a crime that we define as an unauthorized application of force to another person. In most cases, the battery has to result as a contact which is offensive or harmful to the victim. This particular crime is mostly connected with the assault, which is where we differentiate attempted or incomplete battery.

The best thing that you can do if you get battery charges is hiring a criminal defense attorney that will help you along the way. Law classifies the crime of battery and misdemeanor crime, which mostly results in legal consequences such as jail time or/and monetary fines. We can consider some types of battery crimes such as an aggravated battery as a serious felony.

Law forces consider battery as a general intent crime. It means that the defendant doesn’t need to intent to harm the defendant. The attorney must demonstrate a general intention to offend or hurt a person to get guilty. For instance, if the defendant tends to strike the victim’s head but instead stroke just arm, he will still be guilty of battery crime.

What Are Elements Of Battery Crime?

If the defendant tends to face criminal charges of battery, the prosecution must find and present evidence that will prove guilt beyond reasonable doubt. Therefore, the prosecution must find a way to persuade the jury that follows elements have been completed:

Unauthorized or Unlawful Application of Force – The defendant acts must be illegal or unlawful. In case that a victim has consented to the defendant’s action, this particular thing will negate its element. At the same time, if the application of force wasn’t severe, you should have in mind that a minimal implementation of contact or force will satisfy this particular requirement.

Contact With Another Person – The battery crime has to include contact with another person. In some instances, the victim recovers damages to property should be connected with the assault. For example, if the victim received damage to their suitcase during the battery assault.

Result Is Offensive or Harmful Contact – The defendant must find a way to act as a result of conduct or harm which law considers offensive. The primary examples of this particular thing were when the defendant struck the victim’s body, or if they’ve engaged in inappropriate contact such as hugging or kissing without consent.

If you want to prove a battery assault in the court of law, you should find a way to convince a grand jury that about victim’s background while analyzing elements we’ve presented you above. Of course, certain conditions will make the defendant’s actions offensive and harmful, even if he/she did it under normal circumstances.

For instance, an unwanted hug or close contact could be considered as a battery, but it is not an offensive contact per se. On the other hand, hugging a co-worker or a stranger could also be a battery, because of social context that could prove offensive in the court …